New York Medical Malpractice

If you or a family member has been injured as the result of a medical error then you may be entitled to a medical malpractice claim. However, the law can be complex, because doctors have rights just as patients do. Therefore, it has to be proven that some form of negligence is involved. Consider some of the aspects of a medical malpractice claim.

The plaintiff of a medical malpractice claim can be an injured patient or a legally designated party acting on behalf of a deceased relative. The defendant is the health care provider, and can include any type of professional from a family physician to a psychologist, dentist, nurse, therapist or an entire hospital. The job of the attorney in a malpractice case will be to establish four elements.

First, that a duty was owed to the plaintiff, meaning that the patient was under the hospital’s care. Secondly, that the duty was breached, because the doctor failed to conform to the “standard” of care. Standard care is not perfect medical practice, nor is there a universally accepted level of care. What should be standard care is determined by “relevancy” in the case, and may involve expert testimony explaining how the professional’s actions were not only in error but also negligent of his or her practice. Third, it must be proven that the injury was caused by the breach of duty—in fact, the injury would not have occurred naturally if not for the malpractice. Fourth and finally, there must be damages established as regards medical expenses, lost wages or even emotional distress. Without provable damages there is no case.

The plaintiff will have the burden of proof, and the acting attorney must prove all of these elements to a jury. Most medical malpractice attorneys offer free consultations to clients who have been injured as the result of medical treatment. Even if you are not sure that a negligent medical error has occurred you still have the right to consult legal counsel, so that you can understand your options. Contact a New York attorney to determine your individual situation.

The Five Towns Jewish Times had an excellent article that outlined how to protect yourself during your hospital stay.

Upon admission, get yourself a copy of the Patients’ Bill of Rights.

This documents all the rights to which patients are entitled, including the right to be kept apprised of medical care and the right to a safe, clean environment.

Ask questions

It is not unusual for medical staff to be too busy to speak to patients. If you feel someone is not giving you the answers you request, ask to speak to someone else (a supervisor or patient advocate).

Be aware

If you know what medications you are supposed to be on and a nurse comes in offering something “new,” have them double-check your chart just to make sure you are getting the correct medication and dosage.

Stay vigilant

This may mean being perceived as a “pain,” but keep on top of your own care; medications, treatments, and tests all create the potential for errors.

Don’t accept things unquestioningly

Remember, you always have the right to ask for a second opinion and even a third if you do not agree with the answers provided. Sometimes the worst errors occur when one merely parrots what his predecessor says.